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Home My WebLink About#5208-CUP-2004 � � �� O O � ��:- � � CITY of OROND � , ��`�- ti RESOIUTION OF THE CITY COUNCIL ��`�kES8�4�G NO. �T :�–;�— A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO MUNICIPAL ZONING CODE SECTION 78-418 (16) FILE NO. 04-3035 WHEREAS, Marlc D. StroUel and Susan R. Strobel, husband and wife (hereinafter "the applicants") are the owners of the property located at 525 Hunter Pass within the City of Orono (hereinafter tl�e "City") and legally described as follows: Lot 2, Block l, Hunter Pass, Hemzepin County, Mirulesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a conditional use pennit per Orono Municipal Zoning Code Section 78-418 (16) to allow plumbing in an accessory building in order to constnict a batl�u-oom consisting of a toilet, sink, and shower within the existing pool cabana. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #04-3035. 2. The property is located in the RR – 1B, One Family Rural Residential District, which requires a minimum lot area of 2 acres. The applicants' property is approximately 6.502 acres in area. 3. The Planning Commission reviewed this application at a public hearing held on July 19, 2004 and recommended approval of the conditional use permit based on the following findings: a. The proposed plumbing will not be detrimental to the residential character of the neighborhood as the applicants' property abuts a cul- de-sac, wetland, and County Road 6. Page 1 of 6 J �O� O O � � C ITY of ORON4 ti RESOLUTION OF THE CITY COUNCIL ��l �G~ `9kESYi�� NO. � �p. � .� b. The septic sites for tlie closest residential lot to the east are closer to the applicants' pool cabana than that lot's principal residence. c. The proposed bathroom fixtures meet the requirements outlined in Section 78-418 (16). d. The property is approximately 6.502 acres wlien Section 78-418 (16) (c) requires only 2.0 acres for plumbiiig in an accessory building. e. The accessory building that the plunlbing will be installed within is confonning in size and location. f. The property owiier has agreed to file the covenant listed in Section 78-418 (16) (e). 4. The City Council has considered this applicatioii including the findings and recoininendation of the Planning Conunission, reports by City staff, cominents by the applicants and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 5. The City Council finds that the proposal meets all standards established under the conditional use permit section of the Zoning Ordinance, 78-418 (16); that granting the conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to Orono Municipal Zoning Code Section 78-418 (16) to allow plumbing in an accessory building in order to construct a bathroom consisting of a toilet, sink, and shower within the existing pool cabana, subject to the following conditions: Page 2 of 6 J � 7 O� O O � ;-. � CITY of ORONU , ti ti RESOLUTION OF THE CITY COUNCI� ��kESI3��G NO. 1. Council approval is based on the siCe plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amei�dinents to the site plan which are not in confoi-mity with City codes will require further Plamling Conunission and City Council review. 2. The applicants, by executing this resolution and covenant that the property will be bound by the following conditions: a. Tl�e accessory building will not be used for a home occupation unless specifically approved by the City or if allowed by the City Code; b. The accessory buildiiig will not be used as a dwelling unless a guest house CUP is obtained; and c. The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 3. Authorities granted by this resolution run with the property not with the applicants, but are pennissive only a.nd inust be exercised by obtaining a building pennit for the new construction within one year of the date of Council approval, or the conditional use permit will expire on that date (July 26, 2005). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall co�lstitute a violation of the zoning code, shall automatically tenninate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and oii behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 6 i � O _ V O O ,� : ;. � C ITY of ORONO , ti ti RESOLUTION OF THE CITY COUNCIL �L`�kEsH.O�'�G No. �,� r� �2 . Adopted by the Orono City Council on the 26`�' day of July, 2004. ATTEST: �i' `,/, ; �°�I�,�?��.� , �� .,,��/:�.- �-' Linda S. Vee, City Clerk Barbara A. Peterson, Mayor i ' ��`� � ��. -r � Property Owner(s) ' Page4of6 i O� � r O O a ;- � C ITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESYi�g'�G NO. _ �, � � STATE OF MINNESOTA � COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this c:��'� day of �.-�- , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Miiinesota munic pal corporation and said instrument was executed on belialf of the City. �(.-.." �'{!�l, J/' ��2...J'�.+`''J.4''t..I'1�'�'i"`""" �� E�S�ya,a � Notary Public N�4'��t1�6.� .;1ir �F:�^" f '[,`, ��y C.�f+iss�s+ 'z �r� , �1!s r!r>�,.�'"'`p�+.;w'.✓„+��-'�:'Sv . . :��.) STATE OF MINNESOTA COUNTY OF HENNEPIN ., :— The foregoing instrumeilt was acknowledged before me on this�:''' day of ��z�-��L�i� , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . .,.�, ,.�✓i-�i:-tam."''r"�e��."�" ..'�.: � l,. �{(I` ,C... �° ..1........-� P _./ 1��`il_��.,,,,,,� �''''��";��aG� ' Notary Public � r i=;�TARY PUBUC•MI(NiJ�SOTA t�:y Commission Expires Jan.31,2305 (� ...;..:L:s:;;,; - .,., Page 5 of 6 y . �O� 0 0 CITY of ORONU ,� .. ;. �, ti ti RESOLUTION OF THE CITY COUNCIL ��kESII��G NO. � � �' � State of Minnesota ) ) ss. County of Heiu�►epin ) This instruinent was acknowledged before me this�'�ay of , 2004 by Mark D. Strobel, husband of Susan R. Strobel. B/#RBARq G, SILUS NOTARY P(JgLIC•MINNc:SGTA MY Commission Expfre;�3�.��,2��3 Notary Public State of Minnesota } ) ss. County of Hennepin ) This instrument was acknowledged before me this�0'F'�day of , 2004 by Susan R. Strobel, wife of Mark D. Strobel. . 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